Bock Paqe
ABEYTAS/SABINAL SPECIAL
ZONING DISTRICT
TEMPORARY LAND-USE
ORDINANCE
FLED FOR RECORD
COUNTY OF saconno
STATE OF NEW AT O'CLOCKQ:SD /4
JUL 0 8 2002
EFFECTIVE DATE: July 3, 20021
ARTICLE ONEINTRODUCTION
SECTION 1 - INTENTA. Compliance with Sections of New Mexico State LawCompliance with sections of New Mexico State law regarding land use planning and zoning 3, 21-1 ct. seq. NMSA 1978; secfion 3-21-5 NMSA 1978; Scction to *57-3 NI.MSA 1978: and Section 4-37-1 NMSA 1978 ct. Seq. This Ordinance is intended to create orderly, harmonious, and economically sound development in order to promote the health, safety, convenience, and general welfare of the citizens of the Abevtas/Sabinal Special Zoning District These regulations are necessary to provide adequate open spaces for light and air, to avoid undue concentration of to preserve the District's environmental and agricultural resources, including the quality and quantity of the District's water supply; to protect I)istrict residents from possible hazardous effects of uncontrolled IX'1d uses; te secure the public from fitc, and other dangers, to help control congesüion of streets and public ways, facilitate adequate provisions for community utilities and facilities such as transportation, acequias, sewer, schools, and parks; to encourage thc location of compatible uses of land, to support and improve thc local economy; and to protect and preserve the appearance of the landscape.
'Phis (.)rdinance does not apply to any federal activities or development federally owned lands which either the federal govemment has retained from the time of statehood or subsequently obtained the right to legislate in relation to such land or the State of New Mexico has ceded jurisdiction to legislate back to the United States in relation Co such lands.
This C)rdinance temporarily provides land»use standards during the timc when the District, together with neighborhood associations, civic organizations, and residents will engage in comprehensive land use planning process for 'these types of development identified b': neighborhood associations and citizens is seen as essential to the being of the District while a comprchcnsivc plau is being dcvclopcd.
B Role of Neighborhood Associationss Civic Organizations: and Residents1, In the Comprehensive Planffing Process, it is the established intent that the I)istßct wili work with the neighborhood associations and residents 'of the I)isr.rict to provide whatever technical assistance is necessary for cach assodation and neighborhood to defmc its own boundaries, plan its future land use and determine what, if any, zoning is required by the association or neighborhood to carrv out its land use gc»als. It is also the intent that the individual plans so developed win become a part of the final Comprehensive Plax; and that each civic and neighborhood association will be 2ble to review any proposed changes this ordinance or proposed project for its area and submit its comments and recommendations to the District Commission for their consideration. in making fl decision about the proposed project, variance, or amendment
The role of the nc;ghborhood associations, civic organizations and residents in the planning process includes researching and developing their neighborhood plans and presenting them to the l)istrict Commission incorporation into the District's (jomprehensive Plan.
57 'q 3
Pgrae
In the administration of this Land Use Ordinance the role of the neighborhood associations, civic organizations, and residents in the administration of the Interim Land Use Ordinance includes reviewing and presenting to the DisEict Commission analysis and findings on proposed projects, including vaciances, that are being reviewed in theif neighborhood pursuant to the requirements of this Ordinance.
C. Existing RegulationsThese regulations are meant to augment and enhance federal and state laws, and county ordinances regarding zoning, land use planning, subdivisions, and building permit codes. All such laws and ordinances Will be enforced equally with the provisions of this ordinance.
SECTION 11- TITLE AND PURPOSEA. Title'This Ordinance shall be known and referred to as the Temporary Land Use Ordinance far AbeyÉas/Sabinal Spedal Zoning Dist.åct, hereafter referred to as the District.
B. General ConcernsThe growth of the District's development, already rapid, continues to accelerate. The District intends, in time, together with the neighborhood associations, civic associations, and residents, to develop and adopt a Comprehensive Land Use Plan and Zoning Ordinance to address these and other matters, which is expected to take a year or more to develop. Du-ting this time the District is vulnerable to and has no contol over or major development.
This Temporary Ordinance is intended specifically and only to remedy this problem now, as a temporary measure prior to the .adoption of the Compxeheasive Land Use Plan and Ordinance to address these and other matters.
This Temporary Ordinance specifi€ally provides policies and standards for development and commercial uses as may occur prior to åc drafting and adoption of a-C0üxpzehcnsivc Land Use Plan and Zoning Ordinance by the Board ofDistrict Commissioners.
C. Problems Concerning the Board of District CommissionersThere has been significant and unrnanaged growth pH-ate residences and commercial activities during the past years. This growth has impacted existing land uses, tradiüona-l villages, irrigated farmland, and water quality and quanüty. A bdance must be struck between preservation of the dist.åct*s unique and historic cultures and agriculture economy a-fid the inevitability of growth and its accompanying and ecönomic diversity. The District Commissioners are particularly concerned with the impacts of unmanaged development on rhe availability ofvater, water quality, air quality. roads and transportation, and their effects on the quality of life in the District.
The folicy of the Diståct is not to stop or impose an absolute moratorium on all growth and development in the District, but rather to have a temporary Land Use Plan and Zoning Ordinance while the process is underway to develop a Comprehensive Land Use Plan and
Zoning Ordinance. The Board of District Commissioners has determined that a temporary Land Use Plm Ordinance, which will permit conth-xued growth and development under the
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described circumstances and conditions, contained in Article Il, in the Abeyta5/Sabinal Special District is necessary.
SECTION 111- AUTHORITY*Ibis ordinance is created pursuant to the auth01ity set forth in Section 4-37-1 NMSA 1978; and, Section 3-21-1 et seq., NMSA 1978; Section 457-1 to 4-56-3 NMSA 1978 and section 3-21-5 NMSA 1978,
SECTION IV - APPLICABILITYThese provisions are applicable within the following boundaries: to the north, the Socorro/Valencia County line, to the east, the Middle Rio Grande Conservancy Dis&ict's Lower Sabinal riverside drain and the San Francisco årerside drain, to the south, the Bemardo Game Refuge, the La Joya Game Refuge, and the Sevilleta Nadonal Wildlife Refuge, and to the west, the Plains Elect-dc Power Transmission line right ofway, containing 15,000 acres more or less.
SECTION V — DEFINITIONSFor the purpose of this Ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future; words in the singular number include the number, and words in the plural number include the singular number. The word "lot" includes the words ''plot," "parcel," and 'Ctracc" the word C'building" includes the word "'structure," the word "shall" is mandatory and directive. Any words not herein defined shall be construed as defined in the statutory and common laws of the State of New Mexico, if not defined therein, then as defined in the 1991 Uniform Code, and if not defined therein, then in accordance with the Webster's Unabådged Dicüonary. These definitions define the words that are used elsewhere in the Ordinance and do not in and of themselves in any way regulate or control uses.
ACEQUIA: As used in these regulations, acequias are physical structures, political subdivisions of the State and have community charactedstics. As physical structures, acequias are as trenches Of ditches excavated on the surface of the earth. In legal terms, acequias are political subdivisions of the State of New Mexico, established pursuant to SccGons 73-2-1 to 73-2-64 NMSA 1978. Acequias are owned by more than two owners as tenants in common, who are required to have cooperative consfrucüon and maintenance responsibilities. This has given them the of a close community beyond their political status. As legal and political bodies, communities, and.as physical structures, their pdncipa.l function is to allow and allocaåon ofwater for agricultural purposes.
AFFECIED AREA: An area which is or might be impacted by a proposed land use.
AGRICULTURE: All methods of production and management of livestock, crops, vegetation, and soil This includes, but is not limited to, raising, harvesting, and markeEng. It also includes,
4
but is not limited to, the activities of feeding housing and mainüing of animals such as cattle, dairy cows, sheep, goas* horses, and poultry, and handq by-products, md also includes bees and hives and vegetable crops.
AREA OF NOTICE:
b.At leastten property owners of record adjacent to the property or properties for which change is requested must be informed, and the area of notice shall be radially to include such area as is required to include the minimum numbec of individuals as required for notice;
c.Any r.teredneighborhood associations tepresenüngpropecty owners and residents within the area ofnotice at issue.
c. Any registered neighbozhood associations property owners and residenG within areas ofnoåce.
b.
c.
AtyrO-WRECKING YARD: Any place where a commeräal enterpåse or business engaged in the or wrecking of motor vehicles or Eailers, Of the storag% sale, or dumping of dismantled or wrecked vehicles or Eailecs Of their parts. .This dcfinition does not include individual persons involved in the repair, or restoraüon of a vehicle.
BUILDING: Any structure used or intended for suppodng or shelteing any use or occupancy.
COTTAGE NDUSTRY: A small* individually owned business or concem locaæd in a generally residential which fim&ns without altedng the residential character of thenughborhood, md which does not a-eate my siæificant impacx on tbe public health, safety, and general welfare, and which employs no more than five persons not members of the immediate family, in addition to members employed in the business oc concemthe industry is customadly on as accessory use of a dwelling unit* is caÆed on in a dwelling unit or in a building Of other sEucture which is accessofY to a dwelling unit, and clearly inddeat21 secondary to the use of the dwelling foc purposes not to include auto wrecking yards*
SPECVL ZONNG COIYBUS$ION DISTRICT 1: The Commission elected by of the Abeyas/Sabind Sped Zonklg Commission
DWELLING UNIT OR RESIDENCE: Any or porÉon thereofwhich contains living facilities, including pcovisions for sleeping, eating cooking. and sanitaüon.
Any living together as a housekeeping unit and doing ffeir cooking on the premzses, as from a group occupying a boarding or rooming hotse, or hotel
NEIGHBORHOOD ASSOCIATION: An organizaüon of property owners residents which has incorporated as a non-profit oæmization undec die laws of the State of New Mexico has f+tetedwich offfe County
OWNER: Any person, assodaüon, or coqoration which has dominion over, control of, Of Étle to real propeg.
SINGLE-FAMILY DWELLING UNIT: Any housing designed for the use of one family that has a på'ate, grou1d4evel entrance md a outdoor space for the use of the residens of such dwelling on no less one acre.
ARTICLE TWO
TEMPORARY AREA AND STANDARDSSECTIO 1--RIE OFUSES
A. ALLOWED USES: (Do Commission review or approval).
Any person oz entity requesting a use change Shau apply for a vaence the Commission of the Abeytas/Sabinal Special Zoning Diståct.
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ARTICLE m - amm€1STRATIVE PROVISIONS
SE ON INTE provisions of ordinance shall be held to be requirements to meet the intent expressed Article Ones Secåon I of Where the provisions of diis ordinance impose geatec ffose ofany offer or resoluüon the provisions of this ordinance shall Where the provisions of my other ordinance, resoluåon, or covenant impose geatec åan åose of this ordinance, the provisions of such othef ordinance resolution, or covenant El prevail
SEcr10N 11- VARIANCE APPLICATION PRæEDURE$
li ti Proc ures d Filin
a. The næne, address, and telephone number of the applicant and/or agent.
Upon ffe filing of an for a zone change, vaiaace, use or condi€onal use petrnit, the Distict Zoning Commission shdl set a dme for holding a public hearing and require the to öve noüce of such hadng by at lealst one publication in a daily newspaper of genetal circula€on in SOCOEO County at least 15 days to the healing. noEce shall begvea by rqtæsted mail to fre owners of all property within 200 feet of the excluding public fights-of-way, of the pzop&-y which is the of the application, using for dlis puspose the last known and of such owners shown in the records of üle SOCOÆO County Assessoce if applicant defaults Of requests defennent of headng for more thm 60 days past and written
notice to property ownets, then reapplication* advertising, and noüce to property owners shall be made-
C, Required Findings:
1. Before approving a the Zoning Commission shall make the following findings of fact.
a. Gra.nülg ofthe privilege inconsistent with åe limintions on other proper€es in åe azea ofnoGce.
to åe public health* safety, oc welfare, or be injuöus to properåes or improvemens in the area of notice.
c. Grmting the variance is justified because there is a physical hardship for the applicant resulting from size, shape, or exisång sEuctuces thereon, ox from topographic or physical condidons on the Of in ofnoåceupholds the and ofthis Temporary Land Use with public safety and welfare secured, and Justice done
3. The variance shall be wa.ffanted for one or more of the following reasons: (1) Stict or litemlintetpretÆon enforcement of the spedfied performance standard or regulation would result in unnecessary physical hardship inconsistent with purpose
Attomey may, in addiåon to other reme&s provided by law, may institute injunction
Of any appropriate action, acåons, proceeding, or proceedings to prevent, enjoin, abate, Of such unlzwfiil locaåon, erection, construction, reconsü-uction, change, or use.
SECTION IV - AMENDMENTS
A. ofDistrigt Commission: The Board ofDistict Commissioners may, from Gme to time, and in accordmce with Section 3-21-1, et Seq., NMSA 1978, and pursuant to other New Mexico Statues Case Law, on is own moüon, on the recommendation of the District Commission or on peütion as provided for in this Seclion, amend, supplement, or repeal all or my part of Ofdinmce and/or the boundaåes of as esnblished under this Ordinance. Such amendment shan be done only after having submitted the referenced materials to the affected neighborhood association(s) and having received the association(s) commenb and recommendations.
BT Public H$#ring Required: No zoning cgulaüon, cstriction, or boundary shall become effective, amended* supplemalted, oc repealed a public heating, held by the Board of Commissiones. Noüce of the and place of ffe public he±g shall be published as required by New Mexico Sutues and Socorro County Ordinance.
C. for amendment; Any lessee, developer or my-other peG011 may, by a petiüon siB1ed by 50 or more of the voters of the Special Disü•ict ffe Zoning C0fM1fsGon, request Commission to consider amendments to my secåon of ffe text of this Distict Zoning Com.m.ission will review the requested at åpublic hearing held in accordance with the requirements as set forth in subsecüon B above.
SECTION V — SEVERABILITY
The provisions of this ace severable, and if any provision, sentence, clause, section, or any pact is held ill* invalid, Imconsåtuüonal* or inapplicable to any peson or circumstance, the N*ty, invaYdity, or inapplicability shall not affect ox impair any of the provzü)ns, sentences, clauss,• secüons, or pm-ts of å.is Ordinance of thät to other persoas or dtcmlstaaces. It is hearby declared to be the intålt of the Disüict Commisson drat Ordinalce would have been if such ill* invalid, or unconstituü)aal provisions, sentences, clause, or patt had not been included therein, md if the or circumsmnces to which the Ordinmc.e or any pact thereof had been specifically exempted therefrom.
qnnk Page
This ordinance was passed, si&led, md adopted this 2nd day ofJuly, 2002.
ABEYTAS/SABNAL SPECIAL ZONNGDISTRICT COIvnflSSION
Warren
Bock Paqe
ABEYTAS/SABINAL SPECIAL
ZONING DISTRICT
TEMPORARY LAND-USE
ORDINANCE
FLED FOR RECORD
COUNTY OF saconno
STATE OF NEW AT O'CLOCKQ:SD /4
JUL 0 8 2002
EFFECTIVE DATE: July 3, 20021
ARTICLE ONEINTRODUCTION
SECTION 1 - INTENTA. Compliance with Sections of New Mexico State LawCompliance with sections of New Mexico State law regarding land use planning and zoning 3, 21-1 ct. seq. NMSA 1978; secfion 3-21-5 NMSA 1978; Scction to *57-3 NI.MSA 1978: and Section 4-37-1 NMSA 1978 ct. Seq. This Ordinance is intended to create orderly, harmonious, and economically sound development in order to promote the health, safety, convenience, and general welfare of the citizens of the Abevtas/Sabinal Special Zoning District These regulations are necessary to provide adequate open spaces for light and air, to avoid undue concentration of to preserve the District's environmental and agricultural resources, including the quality and quantity of the District's water supply; to protect I)istrict residents from possible hazardous effects of uncontrolled IX'1d uses; te secure the public from fitc, and other dangers, to help control congesüion of streets and public ways, facilitate adequate provisions for community utilities and facilities such as transportation, acequias, sewer, schools, and parks; to encourage thc location of compatible uses of land, to support and improve thc local economy; and to protect and preserve the appearance of the landscape.
'Phis (.)rdinance does not apply to any federal activities or development federally owned lands which either the federal govemment has retained from the time of statehood or subsequently obtained the right to legislate in relation to such land or the State of New Mexico has ceded jurisdiction to legislate back to the United States in relation Co such lands.
This C)rdinance temporarily provides land»use standards during the timc when the District, together with neighborhood associations, civic organizations, and residents will engage in comprehensive land use planning process for 'these types of development identified b': neighborhood associations and citizens is seen as essential to the being of the District while a comprchcnsivc plau is being dcvclopcd.
B Role of Neighborhood Associationss Civic Organizations: and Residents1, In the Comprehensive Planffing Process, it is the established intent that the I)istßct wili work with the neighborhood associations and residents 'of the I)isr.rict to provide whatever technical assistance is necessary for cach assodation and neighborhood to defmc its own boundaries, plan its future land use and determine what, if any, zoning is required by the association or neighborhood to carrv out its land use gc»als. It is also the intent that the individual plans so developed win become a part of the final Comprehensive Plax; and that each civic and neighborhood association will be 2ble to review any proposed changes this ordinance or proposed project for its area and submit its comments and recommendations to the District Commission for their consideration. in making fl decision about the proposed project, variance, or amendment
The role of the nc;ghborhood associations, civic organizations and residents in the planning process includes researching and developing their neighborhood plans and presenting them to the l)istrict Commission incorporation into the District's (jomprehensive Plan.
57 'q 3
Pgrae
In the administration of this Land Use Ordinance the role of the neighborhood associations, civic organizations, and residents in the administration of the Interim Land Use Ordinance includes reviewing and presenting to the DisEict Commission analysis and findings on proposed projects, including vaciances, that are being reviewed in theif neighborhood pursuant to the requirements of this Ordinance.
C. Existing RegulationsThese regulations are meant to augment and enhance federal and state laws, and county ordinances regarding zoning, land use planning, subdivisions, and building permit codes. All such laws and ordinances Will be enforced equally with the provisions of this ordinance.
SECTION 11- TITLE AND PURPOSEA. Title'This Ordinance shall be known and referred to as the Temporary Land Use Ordinance far AbeyÉas/Sabinal Spedal Zoning Dist.åct, hereafter referred to as the District.
B. General ConcernsThe growth of the District's development, already rapid, continues to accelerate. The District intends, in time, together with the neighborhood associations, civic associations, and residents, to develop and adopt a Comprehensive Land Use Plan and Zoning Ordinance to address these and other matters, which is expected to take a year or more to develop. Du-ting this time the District is vulnerable to and has no contol over or major development.
This Temporary Ordinance is intended specifically and only to remedy this problem now, as a temporary measure prior to the .adoption of the Compxeheasive Land Use Plan and Ordinance to address these and other matters.
This Temporary Ordinance specifi€ally provides policies and standards for development and commercial uses as may occur prior to åc drafting and adoption of a-C0üxpzehcnsivc Land Use Plan and Zoning Ordinance by the Board ofDistrict Commissioners.
C. Problems Concerning the Board of District CommissionersThere has been significant and unrnanaged growth pH-ate residences and commercial activities during the past years. This growth has impacted existing land uses, tradiüona-l villages, irrigated farmland, and water quality and quanüty. A bdance must be struck between preservation of the dist.åct*s unique and historic cultures and agriculture economy a-fid the inevitability of growth and its accompanying and ecönomic diversity. The District Commissioners are particularly concerned with the impacts of unmanaged development on rhe availability ofvater, water quality, air quality. roads and transportation, and their effects on the quality of life in the District.
The folicy of the Diståct is not to stop or impose an absolute moratorium on all growth and development in the District, but rather to have a temporary Land Use Plan and Zoning Ordinance while the process is underway to develop a Comprehensive Land Use Plan and
Zoning Ordinance. The Board of District Commissioners has determined that a temporary Land Use Plm Ordinance, which will permit conth-xued growth and development under the
509/
Book pece
described circumstances and conditions, contained in Article Il, in the Abeyta5/Sabinal Special District is necessary.
SECTION 111- AUTHORITY*Ibis ordinance is created pursuant to the auth01ity set forth in Section 4-37-1 NMSA 1978; and, Section 3-21-1 et seq., NMSA 1978; Section 457-1 to 4-56-3 NMSA 1978 and section 3-21-5 NMSA 1978,
SECTION IV - APPLICABILITYThese provisions are applicable within the following boundaries: to the north, the Socorro/Valencia County line, to the east, the Middle Rio Grande Conservancy Dis&ict's Lower Sabinal riverside drain and the San Francisco årerside drain, to the south, the Bemardo Game Refuge, the La Joya Game Refuge, and the Sevilleta Nadonal Wildlife Refuge, and to the west, the Plains Elect-dc Power Transmission line right ofway, containing 15,000 acres more or less.
SECTION V — DEFINITIONSFor the purpose of this Ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future; words in the singular number include the number, and words in the plural number include the singular number. The word "lot" includes the words ''plot," "parcel," and 'Ctracc" the word C'building" includes the word "'structure," the word "shall" is mandatory and directive. Any words not herein defined shall be construed as defined in the statutory and common laws of the State of New Mexico, if not defined therein, then as defined in the 1991 Uniform Code, and if not defined therein, then in accordance with the Webster's Unabådged Dicüonary. These definitions define the words that are used elsewhere in the Ordinance and do not in and of themselves in any way regulate or control uses.
ACEQUIA: As used in these regulations, acequias are physical structures, political subdivisions of the State and have community charactedstics. As physical structures, acequias are as trenches Of ditches excavated on the surface of the earth. In legal terms, acequias are political subdivisions of the State of New Mexico, established pursuant to SccGons 73-2-1 to 73-2-64 NMSA 1978. Acequias are owned by more than two owners as tenants in common, who are required to have cooperative consfrucüon and maintenance responsibilities. This has given them the of a close community beyond their political status. As legal and political bodies, communities, and.as physical structures, their pdncipa.l function is to allow and allocaåon ofwater for agricultural purposes.
AFFECIED AREA: An area which is or might be impacted by a proposed land use.
AGRICULTURE: All methods of production and management of livestock, crops, vegetation, and soil This includes, but is not limited to, raising, harvesting, and markeEng. It also includes,
4
but is not limited to, the activities of feeding housing and mainüing of animals such as cattle, dairy cows, sheep, goas* horses, and poultry, and handq by-products, md also includes bees and hives and vegetable crops.
AREA OF NOTICE:
- The area of notice for request shall be:
b.At leastten property owners of record adjacent to the property or properties for which change is requested must be informed, and the area of notice shall be radially to include such area as is required to include the minimum numbec of individuals as required for notice;
c.Any r.teredneighborhood associations tepresenüngpropecty owners and residents within the area ofnotice at issue.
- The area for Zone Chmges to shall be:
c. Any registered neighbozhood associations property owners and residenG within areas ofnoåce.
- The area of notice for appeals shall include åe OBSnal area ofnoåce for the action being appealed and all parfies to the acüon bGng appealed-
- The area of notice for Appeals ofAdministrafrze Acåons shall be:
b.
c.
AtyrO-WRECKING YARD: Any place where a commeräal enterpåse or business engaged in the or wrecking of motor vehicles or Eailers, Of the storag% sale, or dumping of dismantled or wrecked vehicles or Eailecs Of their parts. .This dcfinition does not include individual persons involved in the repair, or restoraüon of a vehicle.
BUILDING: Any structure used or intended for suppodng or shelteing any use or occupancy.
COTTAGE NDUSTRY: A small* individually owned business or concem locaæd in a generally residential which fim&ns without altedng the residential character of thenughborhood, md which does not a-eate my siæificant impacx on tbe public health, safety, and general welfare, and which employs no more than five persons not members of the immediate family, in addition to members employed in the business oc concemthe industry is customadly on as accessory use of a dwelling unit* is caÆed on in a dwelling unit or in a building Of other sEucture which is accessofY to a dwelling unit, and clearly inddeat21 secondary to the use of the dwelling foc purposes not to include auto wrecking yards*
SPECVL ZONNG COIYBUS$ION DISTRICT 1: The Commission elected by of the Abeyas/Sabind Sped Zonklg Commission
DWELLING UNIT OR RESIDENCE: Any or porÉon thereofwhich contains living facilities, including pcovisions for sleeping, eating cooking. and sanitaüon.
Any living together as a housekeeping unit and doing ffeir cooking on the premzses, as from a group occupying a boarding or rooming hotse, or hotel
NEIGHBORHOOD ASSOCIATION: An organizaüon of property owners residents which has incorporated as a non-profit oæmization undec die laws of the State of New Mexico has f+tetedwich offfe County
OWNER: Any person, assodaüon, or coqoration which has dominion over, control of, Of Étle to real propeg.
SINGLE-FAMILY DWELLING UNIT: Any housing designed for the use of one family that has a på'ate, grou1d4evel entrance md a outdoor space for the use of the residens of such dwelling on no less one acre.
ARTICLE TWO
TEMPORARY AREA AND STANDARDSSECTIO 1--RIE OFUSES
A. ALLOWED USES: (Do Commission review or approval).
- SiqAe on no less defined in I, Secdon 5.
- Agricultural V$e$ as defined in Artide I, 5, are allowed.
- Cottpg# as defined in Arücle I,
- Retail, industdal, residenüa agicu.ltucal; ot mixed-use
Any person oz entity requesting a use change Shau apply for a vaence the Commission of the Abeytas/Sabinal Special Zoning Diståct.
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ARTICLE m - amm€1STRATIVE PROVISIONS
SE ON INTE provisions of ordinance shall be held to be requirements to meet the intent expressed Article Ones Secåon I of Where the provisions of diis ordinance impose geatec ffose ofany offer or resoluüon the provisions of this ordinance shall Where the provisions of my other ordinance, resoluåon, or covenant impose geatec åan åose of this ordinance, the provisions of such othef ordinance resolution, or covenant El prevail
SEcr10N 11- VARIANCE APPLICATION PRæEDURE$
li ti Proc ures d Filin
- Applications: AE applicaåon for a of conditional use pamit shan be filed with the Zoning on a form and accompmied by such dam and infonnation as it may ptescöe.
- Procedures: Wrongotincompleteinfoünation may cause a delayin the healing process.
a. The næne, address, and telephone number of the applicant and/or agent.
- The legal and unifocm property code number of the property.
- A plot plan delineaüag the of the pmpaty md all proposed improvements.
- A writ-tai statematwhich the request
- Any additional infomaüon deemed necessary by the Zoning Commission for reviewing the request.
- Certification from die Socozo Couaty Environmental Health Deparünent
- Filing Fees. A fee of$75.00 shall be paid at the time Qplication for a variance or a use pemiit is filed except for for conditional use involvingmore thm one dwelYng unit lot
Upon ffe filing of an for a zone change, vaiaace, use or condi€onal use petrnit, the Distict Zoning Commission shdl set a dme for holding a public hearing and require the to öve noüce of such hadng by at lealst one publication in a daily newspaper of genetal circula€on in SOCOEO County at least 15 days to the healing. noEce shall begvea by rqtæsted mail to fre owners of all property within 200 feet of the excluding public fights-of-way, of the pzop&-y which is the of the application, using for dlis puspose the last known and of such owners shown in the records of üle SOCOÆO County Assessoce if applicant defaults Of requests defennent of headng for more thm 60 days past and written
notice to property ownets, then reapplication* advertising, and noüce to property owners shall be made-
C, Required Findings:
1. Before approving a the Zoning Commission shall make the following findings of fact.
a. Gra.nülg ofthe privilege inconsistent with åe limintions on other proper€es in åe azea ofnoGce.
to åe public health* safety, oc welfare, or be injuöus to properåes or improvemens in the area of notice.
c. Grmting the variance is justified because there is a physical hardship for the applicant resulting from size, shape, or exisång sEuctuces thereon, ox from topographic or physical condidons on the Of in ofnoåceupholds the and ofthis Temporary Land Use with public safety and welfare secured, and Justice done
3. The variance shall be wa.ffanted for one or more of the following reasons: (1) Stict or litemlintetpretÆon enforcement of the spedfied performance standard or regulation would result in unnecessary physical hardship inconsistent with purpose
- Exceptional or extraordinary of condiüons applicable to the site of the diat do not apply genæliy to other propeÆes in the vicinity.
- Strict Of literal enforcement of the specified smndard or tegulaüon would åe QpEcmt enjoyed by ffe owners ofother properties in the area of
- Prosecution in Court: to Section 3-21-3, NMSA 1978,_ this Ordinance shall be by prosecuüon in Magstrate Court md Court of the County, initiated by the Distict Zoning Commission who shall report viola€ons for enforcement to the offidals named in Patagmph B of this se&n. Before repoÆng such violations foc prosecution, the Distdct Zoning Commission shall Sve 30 days wdtten E0üce to thé owner of ffe- property where is located* intent to pmsecute Tmless the violation is i.ghted 30 days.
- Pendti#$ and Enforcing It shall be unlawfill to construct, reconstrucf, enlarge, change, maintain or use building or to use land in violaüon of any regulaüon or any provisions of this or of my amendment thereto. Any person, corporation, or other violating ffis ()tümce Of prohibaed usß, spedal uses oc shall be fined not more than Hundred ($300.0 pet owner violation with each day violation consi'ked a sepame ülation- ahe Attomey md åe County Sheåff have the auth6xity to enforce this An æpeal of an aforcement dedsion may be brought within 30 days oßat dedsion to the Diståct Zoning Commission.
Attomey may, in addiåon to other reme&s provided by law, may institute injunction
Of any appropriate action, acåons, proceeding, or proceedings to prevent, enjoin, abate, Of such unlzwfiil locaåon, erection, construction, reconsü-uction, change, or use.
SECTION IV - AMENDMENTS
A. ofDistrigt Commission: The Board ofDistict Commissioners may, from Gme to time, and in accordmce with Section 3-21-1, et Seq., NMSA 1978, and pursuant to other New Mexico Statues Case Law, on is own moüon, on the recommendation of the District Commission or on peütion as provided for in this Seclion, amend, supplement, or repeal all or my part of Ofdinmce and/or the boundaåes of as esnblished under this Ordinance. Such amendment shan be done only after having submitted the referenced materials to the affected neighborhood association(s) and having received the association(s) commenb and recommendations.
BT Public H$#ring Required: No zoning cgulaüon, cstriction, or boundary shall become effective, amended* supplemalted, oc repealed a public heating, held by the Board of Commissiones. Noüce of the and place of ffe public he±g shall be published as required by New Mexico Sutues and Socorro County Ordinance.
C. for amendment; Any lessee, developer or my-other peG011 may, by a petiüon siB1ed by 50 or more of the voters of the Special Disü•ict ffe Zoning C0fM1fsGon, request Commission to consider amendments to my secåon of ffe text of this Distict Zoning Com.m.ission will review the requested at åpublic hearing held in accordance with the requirements as set forth in subsecüon B above.
SECTION V — SEVERABILITY
The provisions of this ace severable, and if any provision, sentence, clause, section, or any pact is held ill* invalid, Imconsåtuüonal* or inapplicable to any peson or circumstance, the N*ty, invaYdity, or inapplicability shall not affect ox impair any of the provzü)ns, sentences, clauss,• secüons, or pm-ts of å.is Ordinance of thät to other persoas or dtcmlstaaces. It is hearby declared to be the intålt of the Disüict Commisson drat Ordinalce would have been if such ill* invalid, or unconstituü)aal provisions, sentences, clause, or patt had not been included therein, md if the or circumsmnces to which the Ordinmc.e or any pact thereof had been specifically exempted therefrom.
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This ordinance was passed, si&led, md adopted this 2nd day ofJuly, 2002.
ABEYTAS/SABNAL SPECIAL ZONNGDISTRICT COIvnflSSION
Warren